GDPR Art.45: Transfers on the Basis of an Adequacy Decision

Cross-reference your international transfer mapping against the European Commission's current list of adequacy decisions. For every transfer going to an adequate country, document which adequacy decision applies and confirm its scope covers your specific transfer. Pay close attention to scope limitations. The Canadian adequacy decision only covers commercial organisations subject to PIPEDA. The US Data Privacy Framework only covers organisations that have self-certified. If your data importer falls outside the scope, you need an alternative mechanism like SCCs - the adequacy decision will not protect you. For transfers to the United States under the Data Privacy Framework, verify that the importer is actually certified and that their certification is current. Check the DPF list maintained by the US Department of Commerce. Confirm the certification scope covers the type of data you are sending - some organisations only certify for HR data, others for commercial data, some for both. Monitor their status on an ongoing basis. Keep an eye on the adequacy decisions you depend on. The Commission reviews them at least every four years, and court challenges can invalidate them (as Schrems proved twice). Build contingency plans so you can switch to SCCs or another safeguard quickly if an adequacy decision is suspended or revoked. Being caught without a backup mechanism is a compliance failure regulators will not overlook. Record your reliance on adequacy decisions in your Records of Processing Activities and privacy notices. Your RoPA should identify which transfers are covered by adequacy, and your privacy notices need to tell data subjects about third-country transfers and the legal basis. Keep these current as adequacy decisions evolve.